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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAYI THE TENTH DAY OF JULY, ap TWO THOUSAND AND TWENTY FIVE # :PRESENT: T#H Between I.
ONOURABLE DR JUSTICE YI LAKSHMANA RAO CRIMINAL PETITION NO: 4058 OF 2025
1. Sinderi Harshit, S/o. Chandrayya, aged about 26 years, R/o. Chinthaguppa village, KI-Ilamkota panchayat, G. Madugula Mandal, AIluri Sitharama Raju DI®StriCt. 2. Pangi Pethru, S/o. Bala Rao, aged about 21 years, R/o. Chinthaguppa Village, KiIIamkota Panchayat, G. Madugula Mandal, AIIuri Sitharama Raju District. 3. Pangi Chandra, s/o. Appa Rao, aged about 33 years, R/o. chinthaguppa village, KiIIamkota Panchayat, G. Madugula Mandal, AIIuri Sitharama Raju DI'StriCt. Petitioners/Accused No.1, 3, 4 AND The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court ofAndhra Pradesh. Respondent PetI'tiOn under Section petition under section 437 & 439 of Cr.P.C/ 480 & 483 of BNSS., is filed praying that in the circumstances stated in the grounds filed in support of the criminaIPetition, the HI-gh Court may be pleased to enlarge the petitioners/Accused No.1, 3, 4 on bail pending disposal of crI-me No. 38/2024 ofAnnavaram p.s., now AIluri Sitharama Raju District. The petl-lion coming on for hearing, upon perusing the petitI-On and the affidavit filed in support thereof and upon hearing the arguments of sri. GOLLAPALLI MAHESWARA RAO Advocate for the petitioners and of PUBLIC PROSECUTOR for the Respondent;
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Dr. YLR, J Crl.P.No.4058 of 2O25 Dated 10.07.2025 The Court made the following: ORDER-. The Criminal Petition has been filed under sections 437 and 439 of the Code of Criminal Procedure, 1973 (for brevity fthe cr.p,c.I)/ Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity £the BNSSj), seeking to enlarge the petitI'OnerS/Accused Nos.1,3 and 4 on bail in Cr.No.38 of 2024 of Annavaram Police Station, ASR District, regI-Stered against the petI-{iOnerS/Accused Nos.1, 3 and 4 herein for the offences punI'Shable under Section 20(b)(ii)(C), Section 25 read with 8 (c) of the Narcotic Drugs and Psychotropic substances Act, 1985 (for brevity {the NDPS ActJ). 2. The case of the prosecution is that on o4.12.2024, the Sub- Inspector 6f police, Annavaram poll-Ce Station, on receipt of credl'ble information regarding the illegal posf`,essI'On and transportation of ganja, secured the presence of mediators, rushed to Lothugedda Bridge and conducted vehicle checking. The Police noticed four persons on two motorcycles comI-ng from Kotagunnala sI'de, On Seeking the Police, they I tried to escape.
T_he_Sub-Inspector of Police apprehended the Accused Nos.1 to 4, and found in their possession 120.00 KGs of Ganja, seized \-- ```F under a mediators' report and arrested them. Dr. YLR, J crl.p.rdo.4058 of 2025 Dated 10.07.2025
3. Sri G.Maheswara Rao, the learned counsel for-the petitioners, submits that the petitioners have not committed any offence; they are falsely implicated in this case; they are sole breadwinners of their family; they are ready to abide any conditions to be imposed by this court; and urged to enlarge the petitioners on bail. 4. Per confra, Ms.P.Akila Naidu, the learned Assistant Public Prosecutor, submits that the petitioners have found in possession of 120.00 KGs of Ganja, which is a commercial quantity; the petitioners were involved in another two similar crimes; and urged to dismiss the bail petition. 5. Perused the record. 6. As seen from the record, thert3 iS nO doubt thatthe Petitioners Were involved in the possession and transportation of 120.00 KGs of Ganja, which is commercial in nature. However, the petitioners have been languishing in judicial custody for the past 203 days. Charge sheet in this case is not yet filecl. Even though it is mentio`ned that the petitioners were involved in. two offences of a similar nature, they were allegedly committed prior occurrence of the instant case. .I
_ 4 Dr. YLR, J Crl.P.No.4058 of 2025 Dated 10.07.2025
7. Keeping into consideration the number of days the petitioners have been in judicial custody, the nature of the allegations levelled against them, stage of the investigation and their alleged role in the case, this Court is inclined {o enlarge the petitioners on bail with certain stringent conditions. 8. This Court is of the opinion that if certain stringent conditions are imposed on the petitioners for securing their presence before the learned Trial Court for trial, the interest of justice would be met. 9.
In the result, the Criminal Petition is allowed with the following conditions: i. The petitioners/Accused Nos.1, 3 and 4 shall be enlarged on bail subject to'them executing a personal bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each with two sureties for the like sum each to the satisfaction of the learned Judicial First class Magistrate, Chinthapa][i. ii. The petitioners/Accused Nos.1, 3 and 4 shall appear before the Station House Officer, Annavaram Police Station, ASR District, on every Saturday in between 10:00 am and ~-- - 05:00 pm, till the conclusion of t.he Trial. .-..,-
5 Dr. YLR, J Crl.P.No.4O58 of 2025 Dated 10.07.2025 iii. The petitioners/Accused Nos.1, 3 and 4 shall not leave the limits of the District without prior permission from the learned Trial Judge. iv. The petitioners/Accused Nos.1, 3 and 4 shall not commit or indulge in similar offences in future. v. The petitioners/Accused Nos.1, 3 and 4 shall cooperate with the investigating officer 'ln further investigation of the case and shall be available to the . investigating officer as and when called by him, sD/-K. KAS[RAo All,HARE, //TRUE COPY// ASS!STANT#lSTRAR sECT[ON OFFICER To,
1. The Judicial Magistrate of First Class, Chinthapalli, Alluri Sitharama Raju Distr'lct. 2. The I Additional District & Sessions Judge -Gum - Special Judge for Trial of Offences under NDPS Act, Visakhapatnam. 3. The Superintendent, Central Jail, V-lsakhapatnam, Visakhapatnam District. 4. The Slat-Ion House Officer, Annavaram Police Station, AIIuri Sitharama Raju D-lstrict. 5. One Cc to sri. GOLLAPALLI MAHESWARA RAO, Advocate [OPUC]
6. Two cos to PUBLIC PROSECUTOR, High Court of Andhra Pradesh, Amaravati. [OUT]
7. One spare 6'opy |®®
I HIGH COURT DR.YLR, J DATED:10/07/2025 BAIL ORDER CRLP.No.4058 of 2025 ALLOWED